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(영문) 서울북부지방법원 2015.09.01 2015가단24178

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion that the Plaintiff leased the real estate indicated in the attached Table of the publicly constructed rental house (hereinafter “instant apartment”) supplied to the Defendant without any houses from December 24, 1995 to the Defendant, and has renewed the lease contract on a two-year basis.

The above lease contract provides that the lease contract may be terminated in cases where a person or a member of a household owns or owns another house by fraudulent or other unlawful means.

However, during the term of the lease contract, B, the spouse of the defendant, acquired the apartment complex C in the name of 17 April 2006, and since this constitutes a reason for termination of the lease contract, the defendant has the obligation to deliver the apartment complex of this case to the plaintiff.

2. Determination

A. In light of the purpose of the rental housing supply system to facilitate the smooth supply of rental housing to homeless persons to ensure the stability of their residential life and the purport of the system that limits the lessee’s qualification for the publicly constructed rental housing, determination of “household members” in the interpretation of the Housing Supply Rules is reasonable on the basis of whether they actually live together with their family or spouse and whether they actually live together with their daily lives from the same daily life when considering the form of resident registration and whether they actually live in their daily lives.

Therefore, even if another member of the household owns a house under the resident registration card of the household, if the member of the household owns a house for his own residence and living differently from the head of the household, and there is a "special circumstance" such as the need to supply the house to the head of the household as he actually owns the house for his own residence, the head of the household shall also be deemed to fall

Supreme Court Decision 2006Da44975 Decided November 23, 2006 and Supreme Court Decision 2011Da10013 Decided June 30, 201.